« PreviousContinue »
Vessels or Lights; which Offences may be laid and tried in any County in England.
LXII. And be it further enacted, That every Person who shall ride by, make fall to, or remove, or wilfully or negligently run down, or run foul of any Vessel appointed or placed to exhibit Lights, or any Buoy or Beacon belonging to the said Corporation of the Trinity House of Deptford Strand, or belonging to or placed by any other Corporation having lawful Authority to place the same, shall forfeit for every such Offence any Sum not exceeding Fifty Pounds nor less than Ten Pounds, together with the Expenceof replacing or making good any Damage occasioned by such Misconduct.
LXIlI. ' And whereas by an Act passed in the Thirty-ninth Year
* of the Reign of His present Majesty, intituled, An Ad for ren'dering more commodious and for better regulating the Port of Lon'don, the Dock Master or Dock Masters appointed by the W*Jl In'dia Dock Company, under and by virtue of the laid Act, have full ■ Power and Authority to direct the mooring, unmooring, moving or
* removing of all Ships and other Vessels, Lighters, and Craft, as « shall be within the Distance of Two hundred Yards from any En
* trance out c>f the said River there into the Works of the said Com
* pany, as to the Time or Times, and Manner of their Entrance into",
* lying in, or going out- of or from the fame: And whereas the 'Powers given to the said Dock Master or Dock Masters, under and
* by virtue of the said recited Act, have not been found sufficient to 'enable him and them to enforce Obedience, to his aud their Orders
* and Directions, to Pilots having the Charge or Direction of navi'gating Ships and Vessels within the aforesaid Distance of Two hun'died Yards of the respective Entrances into the iaid Docks from 1 the River Thamesbe il therefore enacted, That from and after the passn.g of this Act, if any Pilot or Pilots ha\ing the Charge or Direction of navigating any Ship or Vessel within the aforesaid Distance of Two hundred Yards from the respective Entrances into the said Docks from the River Thames, and either intended 'o go into, or having recently come out of the Docks, Basons, or other Works of the said Company, mall neglect or refuse to obey such Orders or Directions as shall or may from Time to Time bi given to such Pilot or Pilots by the said Dock Master or Dock Masters under and by virtue of, and agreeably to the Powers vested in him and them by the said recited Act, touching or relating to the mooring, unmooring, moving, or removing of such Ships or Vessels so being under the Charge or Direction of such Pilot or Pilots as aforesaid, then and in every such Case every Pilot so offending shall forfeit and pay a Sum not exceeding Fifty Pounds and not less than Twenty Pounds; and ever)' such Pilot shall be liable to be dismissed from being a Pilot, or suspended from acting as such, at the Discretion of the Corporation, or other Authority by whom such Pilot was licensed.
LX1V. And be it further enacted, That the Corporation of the Trinity House of Deptford Strond, and the Court o£ Loadmanage of the Cinque Ports, and all other Corporations for managing or directing Pilots in any Part of England, under the Authority of any Act of Parliament or Charter, siiall annually, within One Month after the First Day of January in every Year, transmit to the Office of the Receiver of the Sixpenny Duty in the Port of London, a List of all the Vessels, of every Description, employed by them, or by the fid. Dutv io Persons under their Authority, for the Purposes of Pilotage, with ^ °* the Number of Men aud Boys belonging to or serving in any such "°"' Vessel.
LXV. And be it further enacted, That all Fines, Penalties, or Recovery of Forfeitures by this Act imposed or to be imposed by any Bye Law IVualties not mads under the Authority thereof, the Manner of levying wh ereof ««rÆnS aol. is not herein directed, and which (hall not exceed Twenty Pounds, or in respect of whicli any Sum less than Twenty Pounds may be awarded at the Discretion of any Justice hearing the Offence, may be levied and recovered within Six Calendar Months after the Offence or Offences committed, or within such other Time as is hereinafter in that Behalf directed, before any Justice or Justices of the Peace for the County, City, Division, or Place where the Offence shall be committed, or if committed by any Pilot, before any Justice os the Peace or Magistrate of the City, Town, or Port to which such Pilot (hall belong; or if committed by any Owner or Master of any Shi 4 by any Justice of the Peace or Magistrate of the County, City, Town, or Port at which such Owner or Master (hall reside, or to which the Ship of such Owner or Master shall belong; or if committed by any Pilot of the Trinity House of Dtptford Strond, or the Cinque Ports, or by any other Person on any Part of the Sea from Folijlone to the Mouth of the River Thames, or up the RiveM Thames or Medivay, then by any Justice of the Peace of the Counties of K.n!, Surry, EJpx, or Middlesex, or by any Magistrate of'the Qty of London; aud such Justice and Justices is and are hereby empowered and required, upon Complaint to him or them made, to grant a Warrant to bring before him or them such Offender or Offenders at the Time or Place'in such Warrant specified; and if on Conviction of the Offender or Offenders respectively, or on his, her, or their Confession, or on the Evidence of any One or more credible Witness or Witnesses upon Oath (which Oath such Justice or Justices is and are hereby empowered to administer) such Fine, Penalty, or Forfeiture shall not be forthwith paid, it (hall and may be lawful to and for such Justice or Justices to commit every such Offender to the common Gaol or House of Correction for the County, City, or Place where the Offender shall be committed, there to remain without Bail or Mainprize, for any Time not exceeding Six Calendar Months nor less than Twenty-one Days, until such Fine, Penalty, or Forfeiture,' and all reasonable Charges attending the Recovery thereof, shall be sooner paid: Provided always, That no Justice or Magistrate shall in any Case award any Sum exceeding Twenty Pounds.
LXVI. And be it further enacted, That all Fines, Penalties, or Recovery of Forfeitures exceeding the Sum of Twenty Pounds by this Act im- Penalties »bov« posed, for ai.y Offence or Offences committed against this Act, or in 4o1, which ai.y greater Sum may be awarded than Twenty Pounds, and in which the Party prosecuting such Offence shall proceed for any greater Sum than Twenty Pounds, (hall and may be recovered by Action of Debt, Bill, Plaint, or Information, in any of His Majesty'* Courts of Record at JVeJ]minJler, wherein no Essoign, Protection, Wager of Law, or any more than One Imparlance shall be allowed, within Twelve Calendar Months next after the Offence or Offence*. • shall be committed, or within such other Time as is hereinafter in that Behalf directed : Provided always, that in cafe the said respective
Juslit e of any County whither an Offender (hall escape, or where
Goods shall be, may indorse the original Warrant, which shalt authorize the Peace Offic ers to execute it, le.
Periods of Six Calendar Months and Twelve Calendar Months, or either of them, within which Fyies, Penalties, or Forfeitures arc to be sued for as aforesaid, (hall in any Case or Cases elapse and run out before any Prosecution hereby authorized or directed (hall have been commenced for the Recovery of such Fines, Penalties, or Forfeitures; and if it (hall in Manner hereinafter mentioned be made to appear, as soon after as the Circumstances of the Cafe shall reasonably admit, that the Commencement of the Prosecution has been delayed by reason of the Absence of any Party or Parties, whether offending or complaining, or by the Abience of any necessary Witness or Witnesses; then upon such Circumstances being stated By Affidavit, in Writing, made before any Judge of any of His Majesty's Courts of Record at JVeJlmhijhr, it (hall thereupon be lawful for any such Judge or Judges to order or authorize the Commencement of such Prosecution, within such further Time as such Judge shall think fit to limit in that Behalf, and in such Case the Prosecution or Prosecutions so ordered or authorized, shall and may be commenced and prosecuted within the Time or respective Times so limited, in like Manner and with the like Essect, in all Respects, as if such Prosecutions had been commenced and prosecuted within the said respective Periods of Six Months and Twelve Months hereby limited: Provided always, that nothing herein contained shall extend to affect or impede the Jurisdiction of the Court of Loadmanage, as far as respects the Pilots appointed under the Authority of the said Court; aud provided also, that nothing in this Act contained (hall extend or be construed to extend to affect or impair the Jurisdiction of the High Court of Admiralty.
LXVII. And be it further enacted, That in case any Person against whom a Warrant (hall be issued by any Justice or Justices, before or after any Conviction for any Offence against this Act, shall escape, go into, or reside, or be in any other County, Riding, Division, City, Liberty, Town, or Place, not of the Jurisdiction ol such Justice or Justices granting such Warrant or Warrants; or if the Goods and Chattels of any Offender convicted of any Offence in pursuance of this Act, (hall be in any County, Riding, Division, City, Liberty, Town, or Place, other than where the said Party was convicted, or Warrant of Distress granted, it (hall be lawful for any Justice of the Peace of the County, Riding, Division, City, Liberty, Town, or Place into which such Person (hall escape, either before or after Conviction, or where his Goods and Chattels (hall be after such Conviction, and they and every of them are hereby required, upon Proof made upon Oath of the Hand-writing of any Justice or Justices granting such Warrant or Warrants, to indorse his or their Name or Names on such Warrant; and the same, when so delivered, stiall be sufficient Authority to all Peace Officers to execute such Warrant in such other County, Riding, Division, City, Town, or Place out of the Jurisdiction of the Justice or Justices granting the said Warrant; and any Justice or Justices respectively, on the Offender or Offenders being apprehended and brought before him or them within their respective Jurisdictions, may proceed to hear and determine the Complaint, in-the same Manner as if it had originally arisen within his or their respective Jurisdictions, and may direct the Offender or Offenders to be carried to the Justice or Justices
who •who granted the original Warrant, to be dealt with according to Law.
LXVIII. And be it further enacted, That One-third of all Fines or Penalties to be levied in pursuance of this Act, or under any ByeLaw made in pursuance thereof, by whomsoever incurred, shall go to the Person who shall inform or sue for the same, and the Remainder of all such Fines or Penalties shall be paid and applied to the Fund of the Trinity House at Deptsord Strand, and shall be applied, after defraying thereout the Expences of carrying this Act into Execution, in such Manner and for the like Purposes as the other Funds of the said Corporation are by Law or Usage applicable, in case such Fines or Penalties shall be incurred by Pilots licensed by the said Corporation, or by any other Person or Persons, in relation to any Matters wherein such lastmentioned Pilots shall be in anywise con* cenied; and in case such Fines or Penalties shall be incurred by Pilots of the Cinque Ports, or by any other Person or Persons in relation to any Matters wherein such last-mentioned Pilots shall be in anywise concerned, then the remaining Two-thirds of such lastmentioned Fines or Penalties shall go to such Fund as hath been or shall be established by the Persons having the Direction of the Cinque Port Pilots, and shall be applied to the Use of such respective Funds, after defraying, out of such Funds and Penalties, the respective Expences incurred in carrying this Act into Execution.
LXIX. And be it further enacted, That if any Person who shall be summoned as a Witness before any Justice or Justices of the Peace, shall refuse or neglect to appear at the Time by such Summons appointed, having 110 just Cause for such Neglect or Refusal, it shall be lawful for such Justice or Justices, on Proof of such Summons having been served, and of a Tender of reasonable Expences having been made to such Person on his being served with such Summons, to issue his or their Warrant under his Hand and Seal, or their Hands and Seals, to bring such Person before him or them; and if on Appearance, or on being brought before any Justice or Justices, such Person shall refuse to be examined on Oath concerning the Premises, without having some just Cause for such Refusal, it shall be lawful for such Justice or Justices, by Warrant under his Hand and Seal or their Hands and Seals, to commit such Person to the House of Correction of the County, City, Division, or Place where any such Person shall be apprehended, there to remain for any Time not exceeding Six Months nor less than Fourteen Days, as any such Justice or Justices shall direct.
LXX. And be it further enacted, That every Person, who in any Examination upon Oath under the Provisions of this Act, shall wilfully give false Testimony or a false Account of the Matter sworn to by him, shall be liable to be prosecuted for the same by Indictment; and, if duly convicted os false Swearing in the Premises, shall be subject and liable to such Punishments, Disqualifications, and Disabilities, as any Person would be subject or liable to for wilful and corrupt Perjury in any other Case by the Laws and Statutes of the Realm.
LXXI. And be it further enacted, That where any Distresses shall be made for any Sum or Sums of Money to be levied by virtue of this Act, the Distress itself shall not be deemed unlawful, nor shall the Party or Parties making the fame be deemed a Trespasser
rrorcwfine* not to lie quaihed for want ot Form, nor removed by Certioruri.
or Trespassers on account of any Defect or want of Form in the Summons, Conviction, Warrant of Distress, or the Proceeding's relating thereto; neither (hall the Party or Parties be deemed a Trespasser or Trespassers ab initio, on account of any Irregularity which mall be afterwards committed; but the Party or Parties aggrieved by such Irregularity shall and may recover the full Satisfaction for the special Damage sustained in an Action on the Case.
LXXII. « And, for the more easy and speedy Conviction of
* Offenders against this Act,'be it further enacted, That all and every Justice and Justices of the Peace before whom any Person shall be convicted of any Offence against this Act, shall and may cause the Conviction to be drawn up according to the following Formj videlicet,
'gE it remembered, That on the Day of
* in the Year of our Lord
* Jl. B. is convicted before me [or, us] One [er, 'Two, as the Cafe may bc~\ of His Majesty's Justices of the Peace
* for the [here specify
* the Offence, and the Time and Place when and where committed, at 'the Cafe may he~] contrary to an Act passed in the Forty-eighth 'Year of the Reign of King George the Third, intituled, [ here 1 insert the Title os this Atf\, Given under my Hand and Seal [or « our Hands and Seals] the Day and Year first above written.'
And no Certiorari or other Writ or Process, for the Removal of any such Conviction, or any Proceedings thereon, into any of His Majesty's Courts of Record at IVeflminfler, shall be allowed or granted.
LXXIII. And be it further enacted, That it shall and may be lawful to and for any Person or Persons so convicted by any Justice or Justices of the Peace before-mentioned, of any Ossence or Offences against this Act, or against any Rule, Order, or Bye Law made in pursuance thereof, within Three Calendar Months next after such Conviction, to appeal to the Justices of the Peace assembled at the General Quarter Sessions holden for the County, City, or Place where the Matter of Appeal shall arise, first giving Ten Days Notice of such Appeal to the Person 01 Persons appealed against, and of the Matter thereof, and within Fourteen Days next after such Notice entering into a Recognizance before some Justice os the Peace for such County, City, or Place, with sufficient Sureties conditioned to try such Appeal, and for abiding the Determination of the Court therein; and such Justices shall, upon due Proof of such Notice having been given, and Recognizance entered into, hear and determine the Matter of such Appeal, and may either confirm or quash and annul the said Conviction ; and award such Costs to either Party as to them shall seem just and reasonable, and the Decision of the said Justices therein shall be final, binding, and conclusive; and r.o Proceeding to be had or taken in pursuance of this Act shall be quashed or vacated for want of Form only, or be removed by Certiorari or any other Writ or Process whatsoever, into any of His Majesty's Courts of Record at IVeflminfler or elsewhere; any Law or Statute to the contrary thereof in any wise notwithstanding.,
LXXIV. And be it further enacted', That if any Suit or Action shall be brought or prosecuted against any Person or Persons for any